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Negative Easements - In Contrast with Affirmative Easements

This lesson examines the four traditional negative easements of air, light, support, and access to water from an artificial stream, as well as three modern negative easements: easements of view, solar easements, and conservation easements.

Learning Outcomes

On completion of the lesson, the student will be able to:

  1. Define an affirmative easement.
  2. Define a negative easement.
  3. Define an appurtenant easement.
  4. Define an easement in gross.
  5. Identify the four traditional negative easements.
  6. Identify the three modern negative easements.
  7. Explain how a negative easement typically is created.
  8. Explain the options available to the owner of land who wishes to restrict certain uses of adjacent land.
  9. Recognize the potential legal consequences resulting from exercising each available option.
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